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Welcome to MYRMID Website Concepts! The following is our Terms of Use agreement. Make sure you have read this agreement. As soon as you have purchased one of our plans, you are bound to the following rules and regulations below: The following is the Myrmid.com (hereby called "myrmid") Terms of Use (ToU) contract. All users (where "user" and "users" , which are interchangable in this contract, are both definied as the person or group who signed up with our services) on the server are bound to the rules and regulations of this agreement. We have the right to amend this without notice. Your continued use of our services is your agreement to any amendments to the ToU. Any changes made to the ToU regarding the pricing of our services will affect the customer at the first billing date of the following month after the amendment has taken place. It is every users responsiblity to read this page to be aware of any modifications to their contract. I. Financial Arrangements 1. All users are bound to a agreed set of month(s) contract. This agreed set of month(s) is/are the amount that was entered by the user upon signing-up for our services via 2checkout.com or PayPal. 2. Inital payment is due along with contract. The contract between myrmid and user will commence upon the processing of your information and activation of your service. 2a. For users who decide to pay by money order or check and send via snail mail, all payments for any following month must be received by the day that the users contract is supposed to be renewed (not postmarked) or an automatic suspension will occur until the money order or check has been received. Also, suspensions will occur to money orders and checks that cannot be cashed due to any reason deemed by myrmid's bank company. 2b. Users who decide to pay via 2checkout or PayPal(i.e. credit card), 2checkout or PayPal will automatically bill the user's credit card every month. If user's card is refused in any sort and payment not received by myrmid before the day the user's contract is supposed to be renewed, the services of the user will be suspended until sufficient funds are received. Please be aware that we are not responsible for any errors that 2checkout or PayPal may occur upon your transaction. Any credit card billing errors and disputes need to be addressed with 2checkout or PayPal rather than myrmid. 3. SUSPENSIONS VIA BILLING: Are given for the reasons explained in 2, 2(a), and 2(b) above. The suspension will last a maximum of 15 days and then terimation of the user's account will occur. Exceptions may be made to increase this length of time, but only at the discretion of myrmid. In this case, we have the right to terminate the user account at any time. 4. myrmid deserves the right to accept or decline any user requests for services without any reason. An order will be deemed accepted by myrmid when confirmation of the order is sent to user via e-mail or snail mail. Any refusal of service will be acknowledged to the user via e-mail or snail mail upon the decision by myrmid. 5. This agreement will automatically renew every successive billing period unless the user has sent a request to us in writing to modify or cancel the account prior to the date in which the contract is supposed to be renewed. Renewal of services by client indicates agreement to contract revisions. II. Taxes 1. myrmid shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from client or myrmid servers. User agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. III. Material and Products 1. myrmid is a hosting and web design company, but NOT a domain host. Therefore, myrmid will not be responsible for any domain name(s) resolving delays, copyright infringement of domain name(s) by the user. The only control myrmid has over domain names are the nameservers, which myrmid runs. 2. user will provide myrmid with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of myrmid, who shall make no effort to validate this information for content, correctness or usability. 3. Use of the myrmid service requires a certain level of knowledge in the use of internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of desired content of server space by the user. 4. Although myrmid has technical support available to the user, user agrees myrmid has no definite obligation to answer questions that the user sends to technical support. This should be a rare occurance, or the result of e-mail not being received by myrmid technical support. 5. CONTENT: myrmid has a very strict policy toward illegal content (defined as files that are against the myrmid policy or files that use a large amount of CPU time and/or bandwidth) and copyright infrigment. myrmid tech actively checks the FTP files of every single user at random times. During this random search period, if the tech finds any files that are deemed to be illegal, the user account(s) will be suspended with a e-mail regarding the files in question. We are welcome to any disputes against our myrmid tech, but remember all final decisions are made final. In most cases, we will reactivate your account after you manually delete the file in your account(s). myrmid does not assume responsiblity of any content that is being passed through the network or on the users domain(s). myrmid makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. myrmid also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the user, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the users. myrmid is not responsible for any loss, erasure, or corruption of user data or files whatsoever. Use of any information obtained by way of myrmid is at the customer's own risk, and myrmid specifically denies any responsibility for the accuracy or quality of information obtained through its services. 5a. A typical list of files that are deemed illegal, but are not limited to, are the following: - Copyrighted files such as music (MP3s, WAVs), images, and video files. Site will be automatically suspended and user asked to remove files to reoperate site again. - ROMs: files which are usually for video game emulators. This is a STRICTLY ENFORCED RULE. NO EXCEPTIONS - Files which are stolen off another server and/or owned by another person without his/her written consent. In this case, the person will usually e-mail us telling that one of our users have stolen files. We will question the user(s) that are affected and a final decision will be ruled. A hearing may take place between the two parties, but any decision ruled by myrmid will be FINAL. NO EXCEPTIONS - Any files that hinder the use of other myrmid users and files that slow down our server entirely. 6. Reiterated, myrmid does not assume repsonsibility or liability of our users content. IV. Trademarks and Copyright 1. user warrants that it has the right to use the applicable trademarks, if any. This means text or binary data that is copyrighted (examples include commercial software, copyrighted MP3 files or movies, or copyrighted content taken from another site without permission). V. Software Compatiblity 1. myrmid makes no representations, warranties or assurances that the client's equipment will be compatible with the myrmid service. VI. Age Requirements 1. All users certify that they are at least 18 years of age by agreeing to our ToU. If you are a minor (under 18), please ask for your parent or guardian for permission to use our services. All users who send their credit cards, money orders, and checks certify their validity as well as that it is signed by someone at least 18 years old. VII. Internet Etiquette and Policy 1. The network resources of myrmid may not be used to impersonate another person or misrepresent authorization to act on behalf of others or myrmid. All messages via myrmid should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. user's may not use myrmid for mass e-mail or "spamming" purposes. 1a. Accessing other files that are not owned by the user may result in asuspension. If the user happens to alter another users file or the files of the myrmid system, the user will be prosecuted to the fullest extent of the law and all damages the user occurs on myrmid will be fully liable. 1b. SPAM is not tolerated on our server. For each SPAM message that is sent via our network, a $100 fine will be assessed to the user. 2. myrmid may impose reasonable rules and regulations regarding the use of its services. user shall impose such rules and regulations on his account to the extent necessary to ensure compliance. 3. myrmid services may not be used for illegal purposes, or in support of illegal activities. myrmid reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: · Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. · Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters. · Threatening bodily harm or property damage to individuals or groups. ·Making fraudulent offers of products, items, or services originating from users' server(s). ·Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. · Forging any message header, in part or whole, of any electronic transmission, originating or passing through myrmid. · Distributing viruses to or from myrmid. · Bulk e-mail sent through a mail service external to our network can not contain an e-mail address or a domain name that is owned by myrmid. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification. VII. Termination 1. This agreement may be terminated by myrmid, without cause, by giving the other party 3 days notice via e-mail. myrmid may terminate the service under this agreement at any time, without penalty, if the user fails to comply with the terms of this agreement. It is the user's responsibility to point your domain(s) to another service provider upon termination, cancellation or discontinuation of service. VIII. Limited Liability 1. user expressly agrees that use of myrmid is at user's sole risk. Neither myrmid, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that myrmid network service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of myrmid service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the myrmid service, unless otherwise expressly stated in this agreement. 2. Under no circumstances, including negligence, shall myrmid, its officers, agents or any one else involved in creating, or distributing myrmid service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the myrmid network service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to myrmid records, programs or services. user hereby acknowledges that this paragraph shall apply to all contents on myrmid's service. IX. Indemification 1. user agrees that you shall defend, indemnify, save and hold myrmid harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against myrmid, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by user, your agents, employees or assigns. user agrees to defend, indemnify and hold harmless myrmid against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with myrmid; (ii) any material supplied by user infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which user sold on through myrmid. X. Partial Invalidity 1. If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. myrmid and user agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision. |